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Usufruct right for real estate The conditional usufruct is chosen when the ownership of a property changes and the previous owner simultaneously receives the usufruct on a conditional basis. Once the transfer of the property is complete, the conditional usufruct becomes a fixed right of use.
While a usufruct allows extensive rights over the asset, it does not transfer the ownership of the asset itself to the usufructuary. While the usufructuary (the person who holds the usufruct right) can let the property, they are not allowed to sell it or bequeath it to another party.
A usufruct is established by law in favor of a surviving spouse when a community property spouse dies intes- tate, whereupon the decedent's children become the ?naked owners? subject to that usufruct. The granting of a usufruct is not constrained to the laws of intes- tacy, however.
U.S. Tax of a Usufruct It is similar to owning an asset as a secondary owner with no right to income. While it may be reportable (FBAR & FATCA), if there is no income attributed to the naked owner, then there is no tax. As to the Usufruct, they would be taxed.
The naked owners will become full owners at the end of the usufruct's term or upon the death of the usufructuary. The naked owners are to receive the property or its replacement value at the termination of the usufruct.